INTERVENTION BY THE HOLY SEE
AT THE 7th ORDINARY SESSION OF THE HUMAN RIGHTS COUNCIL

ADDRESS OF H.E. MSGR.
SILVANO MARIA TOMASI

Geneva
Tuesday, 11 March 2008

Regarding the children in the womb
and those suffering from grave and life-threatening illnesses

Mr. President,

The Holy See delegation welcomes the
opportunity to offer its observations on the Report of the Special Rapporteur on
the Right of Everyone to the Enjoyment of the Highest Attainable Standard of
Physical and Mental Health1. First of all, we are pleased to note
that the Report identifies this right as a "fundamental building block of
sustainable development, poverty reduction, and economic prosperity."2
In a similar manner, Pope Benedict XVI recently affirmed that "[t]he building of
a more secure future for the human family means first and foremost working for
the integral development of peoples, especially through the provision of
adequate health care [and] the elimination of pandemics like AIDS …"3

The Report, Mr. President, appropriately calls attention to the single policy
framework for health that was embodied in the Declaration of Alma-Ata on primary
health care, promulgated, thirty years ago, by the world’s Health Ministers.
This framework outlined the underlying principles to assure equitable exercise
of the right to health as well as the implementation of essential interventions
to assure strong links between health and development.

We note, however, that, in accord with the Constitution of the World Health
Organization, the definition of health extends beyond medical interventions and
social determinants to include a "state of complete physical, mental and social
well-being and not merely the absence of disease or infirmity."4 The
Holy See recognizes, as well, the need to assure access to spiritual assistance
among those conditions which guarantee the full enjoyment of the right to health.5

The Report refers to the WHO definition of "health systems" that includes "all
organizations, people, and actions whose primary intent is to promote, restore,
or maintain health."6 Moreover, while discussing the pre-conditions
for a "right-to-health" approach that strengthens health systems, he points out
the entitlement of all individuals and communities to active and informed
participation on issues relating to their health. In this regard, Mr. President,
my delegation would like to focus on the key role that can and should be
accorded to religious organizations as important stakeholders in the
strengthening of health infrastructure.

Such organizations often assume significant responsibility for the burden of
health care delivery, most especially to the poorest sectors of the population
and to those living in rural areas. Too often, however, these faith-based
service providers are not allowed a "place at the table" during the formulation
of health care plans on national or local levels. They also are deprived of an
equitable share in the resources – both from the national/local budgets and from
international donors. Such funding is essential to facilitate the maintenance of
ongoing health systems; the training, recruitment, and retention of professional
staff; as well as the scaling up necessary to address the ever-increasing burden
of global pandemics such as HIV, tuberculosis, malaria, and other infections and
non-communicable diseases that disproportionately affect the poorest sectors of
society.

Mr. President, my delegation was pleased to note, in this Report, the
inclusion of "non-discrimination" among the core obligations of health systems
and the emphasis on the obligation of States to address the particular needs of
disadvantaged individuals, communities, and populations and to reach out to
those living in poverty.7

With regard to those who require special protection, let us never ignore or
deny the very right to life among those whose conditions are most vulnerable and
may entirely depend on being safeguarded by others. Particular cases in point
are children in the womb and those suffering from grave and life-threatening
illnesses. My Delegation urgently hopes that references to "emergency obstetric
care" will never be misconstrued to justify the forced ending of human life
before birth and that the reference to a state’s obligation to "identify a
minimum ‘basket’ of health services"8 and to "striking balances"9
will not be interpreted in a manner that denies essential services to the
seriously ill. While the report claims that "few human rights are absolute,"10
it is the firm belief of my delegation, Mr. President, that no compromise can be
made with a person’s right to life itself, from conception to natural death, nor
with that person’s ability to enjoy the dignity which flows from that right.

In conclusion, we note that the Report gave due recognition to "health as a
public good" which requires "international cooperation" on "trans-boundary
health issues." Urgent attention much be accorded to such issues since, in many
countries, refugees, other migrants, and internally-displaced persons are
deprived by host governments even of the most basic life-saving health services.
In an attempt to fill such gaps, once again religious organizations often
provide care, support, and treatment to such populations without concern for
their national or ethnic origins.

(4) Preamble to the Constitution of the World Health
Organization as adopted by the International Health Conference, New York, 19
June - 22 July 1946; signed on 22 July 1946 by the representatives of 61 States
(Official Records of the World Health Organization, no. 2, p. 100) and entered
into force on 7 April 1948.